Brian Edwards v. M. McDonald

Good Law
498 F. App'x 753
United States Court of Appeals for the Ninth CircuitNovember 20, 201211-17101California423 words

Opinion

Opinion

MEMORANDUM

Brian Darnell Edwards, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging First, Eighth, and Fourteenth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008), and we affirm.

Dismissal of Edwards’s First Amendment claim was proper because Edwards failed to allege facts in his operative complaint demonstrating that defendants’ actions were not reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89-91 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987) (setting forth four-factor test to analyze validity of policies or regulations that impinge on an inmate’s First Amendment rights); Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam) (retaliation claim requires prisoner to show that action does not further legitimate penological goals). To the extent that Edwards alleges that…

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